Legal Question in Construction Law in Florida

Sub-contractor not paying me for my work

In September I was signed an agreement with a sub-contractor to help him with a job. The job was in another city. I did the work for him and he was supposed to finish the job. I don't know what transpired between him an the contractor but they served him with a notice of non-performance. They paid him a draw but he kept it all. If he had let me know at the time he received the notice I still would have time to file a Notice to owner. However, he didn't tell me about it until it was too late. He did file a Notice to owner for himself and also filed a lien. Since they aren't paying him, he isn't paying me. My contract with him was for $5280. What are my options? Can I sue the General Contractor even though my agreement was with the sub-contractor? Plus not being paid I incurred almost $1000 in expenses working out of town. If I contact a lawyer does it have to be in the city in which the work was done?


Asked on 12/10/06, 6:33 pm

1 Answer from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: Sub-contractor not paying me for my work

You have no claim against the GC based on the facts that you described since you did not have a contract with the GC. And if you have blown your lien rights against the Owner then any rights against the owner are either non-existant or very difficult. However, you still have a claim against the guy you worked for, for breach of contract for the amount that you allege that you are owed. Good luck,

Randall Gilbert

Randall Gilbert

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Answered on 12/10/06, 6:55 pm


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